Settlement Policy for Legal Enforcement Actions Involving Medical Certificate-Related Fraud, Intentional Falsification, Reproduction, or Alteration, 60057-60059 [2020-21111]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Rules and Regulations]
[Pages 60057-60059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21111]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2020-0809]

14 CFR Parts 61, 63, 65 and 67


Settlement Policy for Legal Enforcement Actions Involving Medical 
Certificate-Related Fraud, Intentional Falsification, Reproduction, or 
Alteration

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notification of enforcement policy.

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SUMMARY: The FAA is adopting a policy for the prompt settlement of 
legal enforcement actions against individuals who have violated FAA 
regulations proscribing any: Fraudulent or intentionally false 
statement on an application for a medical certificate or other document 
used to show compliance with any requirement for a medical certificate; 
reproduction of a medical certificate for fraudulent purposes; or 
alteration of a medical certificate. The policy is expected to afford 
eligible individuals who hold an airman or ground instructor 
certificate and who are the subject of such a legal enforcement action 
the opportunity to apply for a new airman or ground instructor 
certificate sooner than in the absence of this policy.

DATES: This notification of enforcement policy is effective September 
30, 2020.

FOR FURTHER INFORMATION CONTACT: James Barry, Manager, Policy/Audit/
Evaluation, Enforcement Division, AGC-300, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591; 
telephone (202) 267-8198; [email protected]; or Brandon Goldberg, 
Attorney, Enforcement Division, AGC-300, Federal Aviation 
Administration, 1701 Columbia Ave., College Park, GA 30337; telephone 
(404) 305-5230; [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under longstanding FAA policy, the revocation of airman, ground 
instructor, and medical certificates, and the withdrawal of all special 
issuances or SODAs, is the appropriate sanction for violations of 14 
CFR 67.403(a)(1) through (4).\1\ The period between the discovery of an 
apparent violation of 14 CFR 67.403(a)(1) through (4) and, if 
appropriate, the issuance of an order revoking airman, medical, and 
ground instructor certificates can be lengthy, making the date on which 
an order of revocation will be issued uncertain. Investigative 
personnel compile an

[[Page 60058]]

enforcement investigative report (EIR) containing evidence relating to 
the apparent violation. Such investigations include gathering, among 
other evidence, legal and/or medical documentation from various 
governmental entities or healthcare providers. Investigative personnel 
also include as evidence letters of investigation (LOIs) to apparent 
violators and any information provided in response to LOIs. Following 
the compilation of evidence, investigative personnel provide analyses 
as to how the evidence relates to the violation and recommended 
sanction type. The EIR is subject to various levels of review within 
the FAA program office. If the program office deems the EIR sufficient, 
it transmits the EIR to the Office of the Chief Counsel's Enforcement 
Division (AGC-300) for evaluation and, if appropriate, initiation of 
legal enforcement action. Accordingly, a variety of factors affect the 
timing of the issuance of an order of revocation for an apparent 
violation of 14 CFR 67.403(a)(1) through (4).
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    \1\ Under 14 CFR 67.403(a)(1)-(4), a person is prohibited from 
making or causing to be made: A fraudulent or intentionally false 
statement on any application for a medical certificate or on a 
request for any Authorization for Special Issuance of a Medical 
Certificate (Authorization) or Statement of Demonstrated Ability 
(SODA); a fraudulent or intentionally false entry in any logbook, 
record, or report that is kept, made, or used to show compliance 
with any requirement for any medical certificate or for any 
Authorization or SODA; a reproduction, for fraudulent purposes, of 
any medical certificate; or an alteration of any medical 
certificate. Under 14 CFR 67.403(b)(1)-(2), a violation of 14 CFR 
67.403(a)(1)-(4) is a basis for: Suspending or revoking all airman, 
ground instructor, and medical certificates and ratings held by the 
violator and withdrawing all Authorizations or SODA's held by the 
violator. See also FAA Order 2150.3C, chap. 9, para. 8 (revocation 
is appropriate for a violation of 14 CFR 67.403(a)(1)-(4) since such 
a violation demonstrates a lack of qualification to hold a 
certificate).
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    In addition, FAA regulations generally proscribe individuals whose 
airman and ground instructor certificates have been revoked from 
applying for new airman and ground instructor certificates for one year 
following the effective date of an order of revocation. Under 14 CFR 
61.13(d)(2), unless otherwise authorized by the Administrator, a person 
whose pilot, flight instructor, or ground instructor certificate has 
been revoked may not apply for any certificate, rating, or 
authorization for one year after the date of revocation. Under 14 CFR 
63.11(d), unless the order of revocation provides otherwise, a person 
whose flight engineer or flight navigator certificate is revoked may 
not apply for the same kind of certificate for one year after the date 
of revocation. Under 14 CFR 65.11(d)(1) and (2), unless the order of 
revocation provides otherwise, a person whose air traffic control tower 
operator, aircraft dispatcher, or parachute rigger certificate is 
revoked may not apply for the same kind of certificate for one year 
after the date of revocation; and a person whose mechanic or repairman 
certificate is revoked may not apply for either of those kinds of 
certificates for one year after the date of revocation.\2\ In short, 
following the requisite investigation and case evaluation processes 
that take place prior to the issuance of an order revoking airman and 
ground instructor certificates for a 14 CFR 67.403(a)(1) through (4) 
violation, an applicant may have to wait up to one year following the 
issuance of an order to make application for any new such certificate.
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    \2\ The one-year application restriction applicable to revoked 
14 CFR parts 61, 63, and 65 certificates does not apply to 
certificates issued under 14 CFR part 67.
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    The prompt settlement policy announced in this notice for 
violations of 14 CFR 67.403(a)(1)-(4) will generally afford an 
individual eligible for the policy the opportunity to apply for any 
airman and ground instructor certificate sooner than had the case 
proceeded in the absence of the policy. The individual would still be 
subject to the one-year post-revocation bar applicable to applications 
for new airman or ground instructor certificates, but would have the 
opportunity to apply for such certificates generally sooner than under 
the current process because much of the investigation and evaluation 
processes would be abbreviated or eliminated. Moreover, this policy 
will generally add predictability as to when the FAA would issue the 
order and, accordingly, when an individual could submit an application 
for a new airman or ground instructor certificate.
    The policy will also apply when any controlled substance conviction 
or motor vehicle action that is the basis for a violation of 14 CFR 
61.15(a), (d), or (e) also forms the basis for an intentional 
falsification violation under 14 CFR 67.403(a)(1).\3\ For example, the 
policy will apply to: (1) Violations of 14 CFR 67.403(a)(1) and 14 CFR 
61.15(e) when the violations were related to the same driving under the 
influence conviction; (2) violations of 14 CFR 67.403(a)(1) and 14 CFR 
61.15(a) when the violations were related to the same controlled 
substance conviction; and (3) violations of 14 CFR 67.403(a)(1) and 14 
CFR 61.15(d) and (e) when the violations were related to the same motor 
vehicle action or actions.
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    \3\ Under 14 CFR 61.15(a), a conviction for the violation of any 
Federal or State statute relating to the growing, processing, 
manufacture, sale, disposition, possession, transportation, or 
importation of narcotic drugs, marijuana, or depressant or stimulant 
drugs or substances is grounds for suspension or revocation of any 
certificate, rating, or authorization issued under 14 CFR part 61. 
Under 14 CFR 61.15(d), except for a motor vehicle action that 
results from the same incident or arises out of the same factual 
circumstances, a motor vehicle action occurring within three years 
of a previous motor vehicle action is grounds for suspension or 
revocation of any certificate, rating, or authorization issued under 
14 CFR part 61. Under 14 CFR 61.15(e), each person holding a 
certificate issued under this part shall provide a written report of 
each motor vehicle action to the FAA not later than 60 days after 
the motor vehicle action.
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    In 2018, the FAA implemented a similar policy for commercial pilots 
who violate certain FAA drug and alcohol-related prohibitions, 
including those involving a disqualifying DOT drug or alcohol test 
result or refusal to submit to DOT drug or alcohol testing.\4\ The 
appropriate sanction for such violations is the revocation of airman, 
ground instructor, and medical certificates held by the commercial 
pilot. As with violations of 14 CFR 67.403(a)(1) through (4), a 
violation of drug and alcohol testing regulations is subject to 
comprehensive investigation, which, in turn, is subject to program 
office and Office of the Chief Counsel review before the FAA issues a 
revocation order. Further, as mentioned above, an individual whose part 
61 certificate is revoked may not apply for a new part 61 certificate, 
rating, or authorization for one year after the effective date of the 
revocation order.\5\ The FAA's drug and alcohol prompt settlement 
policy allows eligible pilots to promptly settle their case with the 
FAA and avoid a potentially lengthy investigation and FAA case 
evaluation process. In turn, eligible pilots can benefit from an 
earlier start of the one-year application waiting period specified in 
14 CFR 61.13(d)(2). Further, the policy affords both the pilot and FAA 
the opportunity to better allocate resources.
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    \4\ See 83 FR 34040 (Jul. 19, 2018).
    \5\ 14 CFR 61.13(d)(2).
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Statement of Policy

    Under this prompt settlement policy, following the issuance of an 
LOI for violations of 14 CFR 67.403(a)(1)-(4), an eligible individual 
who is the subject of the legal enforcement action would have the 
opportunity to enter into a settlement agreement providing for (1) the 
acceptance of the prompt issuance of an order revoking the individual's 
airman or ground instructor certificates; (2) the immediate surrender 
of the affected certificates in response to the order; and (3) the 
waiver of appeal rights. This policy is expected to afford eligible 
individuals who are the subject of legal enforcement action for 
violating 14 CFR 67.403(a)(1)-(4) the opportunity to apply for a new 
airman certificate under 14 CFR parts 61, 63, and 65, or a new ground 
instructor certificate under 14 CFR part 61, sooner than in the absence 
of such a policy. The policy will also apply when any controlled 
substance conviction or motor vehicle action that was the basis for a 
violation of 14 CFR 61.15(a), (d), or (e) also forms the basis for an 
intentional falsification violation under 14 CFR 67.403(a)(1). Under 
this policy, the FAA will send notification to individuals who appear 
to have violated those provisions that they may contact the applicable

[[Page 60059]]

program office within ten days of receipt of the notice to request 
consideration for a prompt settlement of the legal enforcement action. 
The FAA will send the notification in conjunction with the LOI.
    Following an individual's request to be considered for application 
of this policy, the FAA will determine the individual's eligibility for 
the policy. The policy is not available when there is a question about 
an individual's qualification to hold a part 61, 63, or 65 certificate 
other than that presented by the 14 CFR 67.403(a)(1) through (4) 
violation. It is also not available for individuals who the FAA has 
found to have previously violated 14 CFR 67.403(a)(1) through (4).
    If the FAA deems application of the prompt settlement policy is 
appropriate, AGC-300 enforcement counsel will provide the individual, 
or his or her legal representative, a formal agreement that sets forth 
the conditions for prompt settlement. The terms of this settlement 
agreement will normally include the following provisions.
    (1) The settlement agreement must be executed by the parties within 
ten days after the FAA sends the agreement to the individual.
    (2) The FAA will issue an emergency order revoking all airman, 
ground instructor, and unexpired medical certificates the individual 
holds immediately upon receiving the fully executed settlement 
agreement.
    (3) The order of revocation will (i) require the immediate 
surrender of all airman, ground instructor, and unexpired medical 
certificates the individual holds to enforcement counsel; (ii) notify 
the individual that the failure to immediately surrender these 
certificates could subject the individual to further legal enforcement 
action, including a civil penalty; and (iii) inform the individual that 
the FAA will not accept an application for any new airman or ground 
instructor certificate for a period of one year from the date of the 
issuance of the order of revocation.
    (4) The individual will waive all appeal rights from the order of 
revocation.
    (5) The individual acknowledges that this agreement only concerns 
this enforcement action brought by the FAA and does not affect any 
actions that might be brought by State or other Federal agencies 
(whether civil or criminal), and that this agreement does not prevent 
the FAA from providing information about this matter to State or other 
Federal agencies.
    (6) The parties will agree to bear their own costs and attorney 
fees, if any, in connection with the matter.
    (7) The individual will agree to not initiate any litigation before 
any court, tribunal, or administrative entity concerning any costs, 
damages, or attorney fees, including applications under the Equal 
Access to Justice Act, incurred as a result of the above-referenced 
matter.
    (8) The individual will agree to waive any and all causes of action 
against the FAA and its current and/or former officials and employees 
relating to the above-referenced matter.
    This policy is expected to allow eligible individuals to more 
quickly apply for new certificates under 14 CFR parts 61, 63, and 65 
following violations of 14 CFR 67.403(a)(1)-(4). It will also reduce 
uncertainty about the date of issuance of orders of revocation related 
to such violations, eliminate the unpredictability of litigation, and 
promote better resource allocation.

    Issued in Washington, DC, on September 21, 2020.
Naomi Tsuda,
Assistant Chief Counsel for Enforcement.
[FR Doc. 2020-21111 Filed 9-23-20; 8:45 am]
BILLING CODE 4910-13-P